D EP AR TM ENT OF T H E NAVY
BOARD FOR CORRECTION OF NA VAL RECORDS
70 1 S. COURTHOUSE ROAD. SUITE 1001
ARLINGTON. VA 22204-2490
TJR
Docket No : 621 - 14
12 February 2015
MR
Dear Mr.
:
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552 .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 February 2015 . The names and votes of the
members of the panel will be furnished upon request. Your
al l egations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and pclicies.
Af cer careful and conscientious consideration of the entire
record. the Board found the evidence submitted was insufficient
to establish the existence of probable material e~ror or
inj use.ice.
You enlisted in t.he Marine Corps and began a period of active
ducy on 11 December 1989 . You served without disciplinary
incident until 30 September 1993, when you r eceived nonjudicial
punishment (NJP ) for drunk and disorderly conduc'c.. About six
months later , on 18 March 1994, you received· NJP for wrongful use
of cocaine .
Subsequently, you were processed for an administrative separation
by reason o f misconduct due to drug abuse. After waiving your
procedural right to consult with legal counse l and to present
your case to an administrative d~scharge noard (ADB), your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduc t due to drug abuse.
The discharge authority approved thjs recommendat ion and directed
separation under other than honorable condit ions by reason of
misconduct, and on 26 May 1994, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assert ions of needing
medical care and suffering from Post-Traumatic Stress Disorder
(PTSD) . Nevertheleis , the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Further, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB .
Accordingly, your application has been denied.
Your assertion that you suffered from PTSD was fully and
carefully cons~dered by the Board in light of the Secretary of
Defense's Memorandum, "Supplemental Guidance to Military Boards
for Correction of Military/ Naval Records Considering Discharge
Upgrade Requests by Veterans Claiming Post Traumatic Stress
Disorder 0 of September 3, 2014.
the Board gave liberal and special consideration to treatment
record documentation of PTSD symptoms and Department of Veteran
Affairs determinations of the existence of service connected
PTSD.
In addition, the Board provided liberal consideration to
finding PTSD where a service record substantiated the existence
of PTSD symptoms or when a civilian provider diagnosed PTSD.
After applying these guidelines to the evidence in the case, the
Board was not able to substantiate the existence o= PTSD in your
case .
In accordance with the guidance,
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board
within one year from the date of the Board's decision.
In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records . Consequently, when
applying for a correction of an of =icial naval record, the burden
is on the applicant to demonstrate the existence of probable
material error o~ injustice .
Executive Director
2
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